Part 8Investigations

C1Chapter 2England and Wales and Northern Ireland

Annotations:
Modifications etc. (not altering text)
C1

Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)

Customer information orders

I1363 Customer information orders

1

A judge may, on an application made to him by an appropriate officer, make a customer information order if he is satisfied that each of the requirements for the making of the order is fulfilled.

F21A

No application for a customer information order may be made in relation to a detained cash investigation F6, a detained property investigation F1or a frozen funds investigationF1, a frozen funds investigation or a cryptoasset investigation.

2

The application for a customer information order must state that—

a

a person specified in the application is subject to a confiscation investigation F5, a civil recovery investigationF4, an exploitation proceeds investigation or a money laundering investigation, F3 ...

F3b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The application must also state that—

a

the order is sought for the purposes of the investigation;

b

the order is sought against the financial institution or financial institutions specified in the application.

4

An application for a customer information order may specify—

a

all financial institutions,

b

a particular description, or particular descriptions, of financial institutions, or

c

a particular financial institution or particular financial institutions.

5

A customer information order is an order that a financial institution covered by the application for the order must, on being required to do so by notice in writing given by an appropriate officer, provide any such customer information as it has relating to the person specified in the application.

6

A financial institution which is required to provide information under a customer information order must provide the information to an appropriate officer in such manner, and at or by such time, as an appropriate officer requires.

7

If a financial institution on which a requirement is imposed by a notice given under a customer information order requires the production of evidence of authority to give the notice, it is not bound to comply with the requirement unless evidence of the authority has been produced to it.